Opinion
NO. 09-15-00180-CV
11-05-2015
IVORY JOE LARKIN, Appellant v. JONATHAN THORNBERRY AND CHARLES HAIRGROVE, Appellees
On Appeal from the 284th District Court Montgomery County, Texas
Trial Cause No. 14-07-08146 CV
MEMORANDUM OPINION
Ivory Joe Larkin filed a trespass to try title suit against Jonathan Thornberry and Charles Hairgrove. Thornberry and Hairgrove answered the suit and made a demand for abstract of title and Hairgrove asserted a counterclaim for adverse possession. Larkin failed to appear for trial and the trial court signed a default judgment that Larkin take nothing and that Hairgrove recover the real property at issue. Larkin filed a notice of appeal. The brief of the appellant was due to be filed on or before August 27, 2015, but Larkin did not file a brief. On September 23, 2015, we notified the parties that the brief had not been filed and warned the appellant that his failure to file a brief could result in a dismissal of the appeal for want of prosecution. On October 8, 2015, we notified the parties that the appeal would be submitted to the Court without briefs and without oral argument. See Tex. R. App. P. 39.8.
In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).
APPEAL DISMISSED.
/s/_________
STEVE McKEITHEN
Chief Justice
Submitted on October 29, 2015
Opinion Delivered November 5, 2015
Before McKeithen, C.J., Kreger and Horton, JJ.